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Sohail Benjamin v Peel Standard Condominium Corporation No.1008 - 2019 ONCAT 10 - 2019-05-13

Corporation:

SBPSCC 1008

Date:

2019-05-13

Under:

CAT Decisions - Decision
Access to Records
Adequacy of Records
Entitlement to Records
Fees, Costs, Penalties
Records Retention

Summary:

it appears that the case of Sohail Benjamin v Peel Standard Condominium Corporation No1008 involved a dispute over access to records under the Condominium Act 1998. A unit owner, made a records request to the condominium corporation, but some of the requested records remained outstanding. The corporation relied on a regulation as grounds for denying access to the records. However, the Condominium Authority Tribunal (CAT) ruled in favor of Sohail Benjamin, stating that he was entitled to the requested records. The CAT also found that the corporation failed to provide a requested record without a reasonable excuse and imposed a penalty. The CAT determined that Sohail Benjamin was entitled to costs for the production of the records as well.

Verdict:

Verdict: The Condominium Authority Tribunal (CAT) ruled in favor of the unit owner stating that he was entitled to the requested records and that the condominium corporation failed to provide a specific record without a reasonable excuse.

Lesson: This case highlights the importance of upholding a unit owner's right to access records under the Condominium Act 1998. It also emphasizes the consequences that may arise for failing to provide requested records within the prescribed time frame, such as penalties and costs.

Takeaways:

Access to records: The case revolved around a unit owner's request for access to specific records under the Condominium Act 1998. The condominium corporation denied access to certain records based on a regulation, but the Condominium Authority Tribunal (CAT) ruled in favor of the unit owner, stating that he was entitled to the requested records.

Penalties for failure to provide records: The CAT found that the condominium corporation failed to provide a requested record without a reasonable excuse. As a result, the CAT imposed a penalty on the corporation for their failure to provide a copy of the first quarter 2018 Periodic Information Certificate (PIC), which they were obliged to maintain.

Entitlement to costs: The CAT determined that the unit owner was entitled to costs for the production of the records. Additionally, the CAT found the condominium corporation responsible for costs related to photocopying non-core requested records.

Recommendations: 

Review and update record access policies: The case highlights the importance of having clear and fair record access policies in place. Condominium corporations should review their existing policies and ensure they align with the requirements outlined in the Condominium Act 1998 and the associated regulations. Policies should clearly define the criteria and process for granting access to records to unit owners, purchasers, and mortgagees, and should be applied consistently.

Timely provision of requested records: It is crucial that condominium corporations provide requested records within the prescribed time frames outlined in the Condominium Act 1998. Failure to provide records in a timely manner, without a reasonable excuse, can lead to penalties as seen in this case. Condominium corporations should prioritize responding to records requests promptly and efficiently.

Maintain accurate and complete records: Condominium corporations should ensure they maintain accurate and complete records as required by the Condominium Act 1998. This includes maintaining core records, such as Periodic Information Certificates (PICs), and retaining records for the specified periods outlined in the regulations. Regular audits and reviews of recordkeeping practices should be conducted to ensure compliance and prevent any potential penalties or disputes related to inadequate or missing records.

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